AR20140001628

IN THE CASE OF: Mr.

BOARD DATE: 28 January 2015

CASE NUMBER: AR20140001628
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicants quality of service, to include his combat service, and the circumstances surrounding the discharge and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the reason for discharge was proper and equitable and voted not to change it.

Presiding Officer

I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his general, under honorable conditions discharge characterization to honorable and the misconduct removed from the narrative reason for separation.

2. The applicant states, in effect, there was command influence in his separation proceedings.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 22 January 2014
b. Discharge Received: General, under honorable conditions
c. Date of Discharge: 19 September 2013
d. Reason/Authority/SPD/RE Code: Misconduct (AWOL), AR 635-200, Chapter 14-
e. 12c (1), JKD, RE-3
f. Unit of assignment: 2nd Battalion, 5th Infantry Regiment,
Company F, 125th Support Battalion,
Fort Knox, KY
g. Current Enlistment Date/Term: 26 October 2010, 4 years, 18 weeks
h. Current Enlistment Service: 2 years, 10 months, 21 days
i. Total Service: 2 years, 10 months, 21 days
j. Time Lost: 3 days
k. Previous Discharges: None
l. Highest Grade Achieved: E-3
m. Military Occupational Specialty: 11B10, Infantryman
n. GT Score: NIF
o. Education: HS Grad
p. Overseas Service: Southwest Asia
q. Combat Service: Afghanistan
r. Decorations/Awards: ARCOM, MUC, NDSM, GWOSM, NATOMDL,
ASR, OSR, CIB
s. Administrative Separation Board: No
t. Performance Ratings: NIF
u. Counseling Statements: NIF
v. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 26 October 2010, for a period of 4 years and 18 weeks. He was 25 years old at the time of entry and a high school graduate. He served in Afghanistan. He earned an ARCOM and a CIB and completed 2 years, 10 months, and 21 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature.

2. The DD Form 214 indicates on 19 September 2013, the applicant was discharged under the provisions of Chapter 14-12c (1), AR 635-200, for misconduct, (AWOL), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKD and a reentry (RE) code of 3.

3. The applicants available record does not show any recorded actions under the UCMJ. However, he was separated as a Private/E-2 and the action that caused his reduction is not contained in the service record.

4. On 16 September 2013, DA, US Army Installation Management Command, Headquarters, US Army Garrison, Fort Bliss, TX, issued Orders Number 259-0028, which discharged the applicant from the Army with an effective date of: 19 September 2013.

5. The applicant’s record shows he was absent without leave (AWOL) during the period
30 May 2013 through 2 June 2013. The mode of return to military control is unknown.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Separation Orders 259-0028 dated 16 September 2013, DD Form 214 for the period of service ending 19 September 2013.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 149 dated 16 January 2014, Physical Profile dated 12 August 2013, lengthy self authored statement (10 pages), memorandum from the applicants Medical Evaluation Board Counsel dated 29 August 2013, memorandum addressed to the commander, MEDCOM Regional Medical Command in reference to the policy guidance on the assessment and treatment of PTSD, dated 10 April 2012.

POST-SERVICE ACTIVITY:

The applicant did not provide any with the application.

REGULATORY AUTHORITY:

1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.

2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the members service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.

3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows such characterization.

DISCUSSION AND RECOMMENDATION:

1 The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants record of service, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. The applicants record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.

3. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c (1) by reason of Misconduct (AWOL), with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4. The applicant’s contentions, the documents (i.e., Dept of the Army William Beaumont Army Medical Center, HQ, US Army Medical Command Policy Guidance on the Assessment and Treatment of Post Traumatic Stress Disorder) and his self authored statement were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant’s quality of service and the issue regarding his PTSD. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicants statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.

5. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Boards consideration because they are not available in the official record.

6. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.

BOARD DETERMINATION AND DIRECTED ACTION

After carefully examining the applicants record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicants quality of service, to include his combat service, and the circumstances surrounding the discharge and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the reason for discharge was proper and equitable and voted not to change it.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 28 January 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 5 No Change: 0
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: Honorable
Change Reason to: No Change
Change Authority for Separation: NA
Change RE Code to: NA
Grade Restoration to: NA
Other: NA

Legend:
AMHRR – Army Military Human Resource Record FG – Field Grade IADT Initial Active Duty Training RE – Reentry
AWOL – Absent Without Leave GD – General Discharge NA – Not applicable SCM- Summary Court Martial
BCD – Bad Conduct Discharge HS – High School NIF – Not in File SPCM – Special Court Martial
CG – Company Grade Article 15 HD – Honorable Discharge OAD – Ordered to Active Duty UNC – Uncharacterized Discharge
CID – Criminal investigation Department MP Military Police OMPF – Official Military Personnel File UOTHC – Under Other Than Honorable Conditions

ADRB Case Report and Directive (cont) AR20140001628

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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